DUREGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioner has questioned the legality and correctness of the order dated 15-12-1981 in Case No. TNC. VR. 210/1976-77 passed by the third respondent-Land Tribunal, sorab Taluk, Shimoga District, in respect of Sy. No. 332 measuring 5 acres 22 guntas situated at Moodidoddikoppa Village, Sorab Taluk, shimoga District. Further, he sought a direction to the third respondent-Land Tribunal to enquire, consider and dispose of his application bearing L. R. No. 717 of 1967 under Section 7 of the karnataka Land Reforms Act filed before and transferred from the II additional Munsiff Court, Sagar, to the file of the third respondent herein.

(2.) THE case of the petitioner is that, he was a tenant of the land in question for more than 15 years from 1963-64. Respondent 4 and respondent 5-Gangadhara Rao, since deceased by his legal representatives, are the owners of the land in question. In the year 1963-64, respondents 4 and 5 (a) forcibly dispossessed the petitioner from the said land, contrary to law. As per the relevant provisions of the karnataka Land Reforms Act, 1961, which came into force on 2-10-1965, the petitioner filed an application in Form 7 under the said Act within the prescribed time, seeking restoration of tenancy. The said application filed on the file of the II Additional Munsiff Court, Sagar, dated 3-10-1966 was numbered as Miscellaneous No. 22 of 1967, later L. R. No. 717 of 1967. The respondents 4 and 5 filed their objections. When the matter was pending adjudication, in view of Karnataka Act No. 1 of 1974 coming into force, all the pending proceedings before the previous land Tribunal were transferred to new Land Tribunal formed in the year 1974 onwards. Hence, restoration Case Nos. TR. Mis. 882 of 1966 and 83 Mis. 22 of 1967 are transferred to the Land Tribunal, Sorba/the third respondent herein. When things stood thus, in view of coming into force of Karnataka Act No. 1 of 1974, petitioner has filed an application under Section 48-A to register him as an occupant of the land in question and the said application registered as No. TNC. VR. 123/74-75/moodi was dismissed by the Land Tribunal by its order dated 22-5-1976 and the deceased 6th respondent-Sri basevannyappa, now since deceased by L. Rs 6 (a) to 6 (f), was conferred occupancy rights in respect of the said land as per separate order dated 22-5 -. 1976 passed in No. TNC. VR. 2/74-75/moodidoddikoppa. Being aggrieved by the said orders passed by the Land Tribunal, petitioner filed w. P. No. 6606 of 1976 before this Court. The said writ petition was dismissed by this Court on the ground that the petitioner was not in possession and cultivation as on the date of vesting and further refused to consider the claim of the petitioner under Section 7 of the Karnataka Land reforms Act. Against the said order, petitioner filed W. A. No. 303 of 1977, which was also dismissed by this Court, by its order dated 1-8-1977 at the stage of preliminary hearing. Be that as it may. By Section 43 of the karnataka Act No. 1 of 1979, Section 7 was amended and power was conferred on the Land Tribunal to confer occupancy right on the tenants who were unlawfully dispossessed. To the safer side, the petitioner filed another application in Form 7 within the extended period. The said application came up -for consideration before the Land Tribunal on 15-12-1981. On that day, the petitioner filed an application to club this application with that of old and transferred application for restoration under Section 7 of the Karnataka Land Reforms Act. But, however, the tribunal without considering his request, without conducting an enquiry and without taking into consideration the well-settled law laid down by the division Bench and Single Judge of this Court, dismissed the application of the petitioner dated 15-12-1981 on the sole ground that the application filed by the petitioner in Form 7 has already been rejected and therefore, the question of considering his application once again does not arise. Assailing the said order dated 15-12-1981 in Case No. TNC. VR. 200/76-77 passed by the Land Tribunal, Sorab, the petitioner has presented the instant writ petition.

(3.) THE principal submission canvassed by the learned Counsel for the petitioner is that, the Land Tribunal has committed an error in not clubbing the application of the petitioner filed in Form 7 and restoration application pending before it, before passing the impugned order and the impugned order is passed without assigning any reasons or discussions. In short, it is not a speaking order. Further, to substantiate his submission, he placed reliance upon the law laid down by this Court in the case of Nanjunda Bhatta S. V. v State of Karnataka and Others. Further, he was quick to point out that the said order is passed without following the law laid down by the Full Bench of this Court in Balesha rama Khot and Others v Land Tribunal, Chikodi and Others and without conducting enquiry in strict compliance of the mandatory provisions of the Karnataka Land Reforms Act and Rules. He therefore submitted that the impugned order is vitiated and the same is liable to be set aside.